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HomeMy WebLinkAbout157PLEASANT HARBOR MASTER PLANNED RESORT (Jefferson Countv Plannine Commission Version 2016) Title 17 MASTER PLAI\INED RESORTS Title 17, Article I, Port Ludlow MPR Chapters 17.05-17.50 No change Title 17. Article II. Pleasant Harbor MPR (17.60-17.80) Chapter 17.60. General Provisions 17.60.010 Authoritv. This title is adopted pursuant to Chapters 36.70 md 36.704 RCW. and Title l8 JCC 17.60.020 Title. The resulations set fofth in this title shall be known as the "Pleasant Harbor Master Planned Resort Code" or by the short title "Pleasant Harbor MPR Code." Citations to these regulations shall- be made using the applicable JCC section number. 17.60.030 Purpose and intent. The pumose and intent of the Pleasant Harbot MPR code is to sel forth development regulations that comply with and are consistent with the Jefferson County Comprehensive Plan for future development within the boundaries of the Pleasant Harbor @ 17.60.040 Additional requirements. In addition to the requirements of this title. the provisions of Title 15 and Title I 8 of the Jefferson Countv Code shall apply to development in this-the Pleasant Harbor MPR. Applications for development within the MPR must be submitted as provided for in JCC 18.35 Article iM. Binding Site Plans. and all subsequent development within the MPR area will be subject to the approved binding site plan and as specified in the terms and conditions of the Development Agreement enteredint+between Jefferson County and he Developer.r__,_,,_.,,_______.___ 17.60.050 Applicabilitv. The provisions of this title shall apply to all land*llasseeiatC use actions and sitine of infrastrucflre including over water r in-water work to be conducted within the boundary of the Pleasant Harbor Master P @ official land use map for Jefferson County. Washineton. 1 lanned Resort as depicted on the Master Planned Resort. 17.60 060 Exemptions. The followins structures and uses shall bc cxenptfrotn theEgulations of this title, but are subject to all other applicable local. state and federal reeulations including. but not limited to. the county buildine ordinauqe- interim critical areas ordinance. the shoreline manaqement master prosram. and the State Environmental Policy Act (SEPA). (1) Wires" cables" conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water or the collection of sewaqe. or surface or subsurface water operated or maintained by a ora or vate utili or other franchised utilities incl customary meter pedestals. telephone pedestals. distribution transformers and temporary utility facilities required during buildine construction. whether any such facility is located underground. or above-ground: but only when such facilities are located in a street right-of-way or in an easement. This exemption shall not include above-ground electrical substations. sewaqe pump stations or treatment plants, or potable water storaqe tanks or facilities, which shall require conditional use approval in any zone where permitted: U mail informational bicycle shelters. or similar structure or device which is found by the director of community development to be appropriately located in the public interest: Minor construction activi as IBC .2 under Chapter 15.05 JCC. as amended:(4) * irgffi €l-Development consistent withathe Marina Bindine Site Plan approved by the Count), prior to adootion of this chapter. 17.60.ffi70 Pre-existins uses and structures. Ex i stins legall esal I v-nermitted. resi and non-residential land uses and structures in all zones of the Master Planned Resort are lawful uses and may be continued in a manner consistent with state law. Titles 15 and l8 of the Jefferson County Code and any other applicable regulations or Ordinances. 17.60. The preYisions ef &is ethers wi& a& intere iessr interest re€erded strb 1+50J30080 Enforcement ,) @ The enforcement provisions codified in Chapter 18.50 Enforcement of Title 18 of the currentl to violation of Title 17. Article II. more commo[ly known as the "Pleasant Harbor MPR Codq." Chanter 17.6$.4elf Pleasant Harbor Planned Resort Residential Recreation and Commercial Zone (MPR-GRRRC) 17.65.010 Purpose. The MPR-GRRRC zone ere+idesallows residential and recreational facilities. as well as commercial amenities and services associated with the resort and surroundine community. It pre+idesalso allows for the central resort and conference facilities. 17.65.020 PermittedUses.(1) Residential uses includine single-family and multifamily structures. condominiums" townhouses. apartments. lofts. villas. time-share and other fractionally owned accommodations efa**inds,. consti less than 65%the units authorized by Ordinance #01-0128-08,udins. but not limited to hotels. motels. lodses. and any residential uses allowed under subsection 1 of this section that isare made available for short-term rental. "Short-term rental" shall be construed to mean less than 30 days. (3) Visitor oriented amenities. including. but not limited to (a) conference and meeting facilities: (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment asseeiateassociated with such uses: (c) on-site retail services and businesses tvpicallv found in to the needs o @ master planned resort: and (d) recreation business and facilities: (4) Cultural and educational facilities of all kinds including. but not limited to. interpretative and the art and indoor or outdoor theaters: (5) lndoor and outdoor resort-related recreational facilities. including but not limited to €plf mai@tennis courts. swimming pools. spa services. hikine trails. bicycle paths. ropes courses, amphitheater. and other uses consistent with the nature of master planned resort: (6) Waste water treatment facilities. including treatment plants. capture. storage and transmission facilities to serve a reuse/recycle program for on- waste water and stormwater; Public water fR\ Prrhlie fqeilities qnd servi as defined in JCC 18.10.160 (9) Utilities supporting the resort: 10 serylces (1 1)services: and (1)\ C)ther cirnilqr rrsac r.nnsicfent rvifh fhe nr Department of Communitv Develooment. -J- ^f thi" -nno onA MPR oc rlafaminprl ltr fhp 17.65.030 restrictions. No buildinss within the MPR-GR zone be erected. enlarsed or structurallv modified to exceed 8e35 feet in heieht as measured by IBC standards except with approval of the local Fire District. Undereround or imbedded par shall not be included in anv heisht calculations 17.65.040 Bulkanddensi*setbackrequirements. ll structures from Master Planned Resort zones. Minimum buildine setback from State Route 101 is 50 feet. 17.65.050 Critical Areas. Sisnificant Tree Retention and Cultural Resources Protection Areas(.1) Critical areas and their buffers within the MPR boundaries shall be identified" delineated and permanently protected in accordance with J,CC 18.22 and shall be desisnated on the official map of the Pleasant Harbor Master Planned Resort. A buildine setback of 10 feet shall applv to all designated buffer areas. (2) Significant Tree Retention. All trees measuring 10" diameter breast hieh (dbh) or ereater on the date of bindine site plan approval shall be located and marked for retention. and measures taken to protect surroundine soil and roots durine site disturbance. Where there is no alternative to removing such trees. additional trees. such as Douglas Fir or Sitka Spruce at least four years old or four feet in heieht. chall he nlcnfed in hrrfFcr ereec. et n retio of furn nlonfprl fnr aonh removed. Where feasible removed trees and their root wads shall be made available for watershed restoration projects. (3) Kettles. A "kettle" is defined as a depression on the land surfape left by an ice block after elacial retreat. Black Point has three such geologic and culturally significant features inside the MPR boundaries. Kettles are identified as a type of wetland difficult to replace. The three kettle sites on Black Poinlinside the deemed sufficient per agreement with the Port Gamble S'Klallam Tribe. (4) Special En Protection Provisions. Notwithstanding all other environmental requirements. the MPR approved plan must have provisions for: -4- (a) Well-head Protection and Aquifer Recharee Area Permeable soils on site mean potential contamination of the aquifer could occur from improperly directed run-off. spills or other contamination of fertilizers. pesticides. herbicides and petroleum products. putting human health at risk as well as fish and wildlife. An approved plan for directing untreated run-off away from the aquifer and treating all on-site run-off with current biofiltration standards prior to any discharge to the aquifer. (b) An approved organic vegetation and site management plan shall be submitted to the County as part of the overall Master Planned Resort application for review and approval. or approval with conditions. (d) No solf course greens should be constructed over the aquifer recharge area. Site gradiue and excavation shall be minimized. as demonstrated bv a County reviewed and approved erading plan pursuant to JCC 18.30.060 & 070. (e) Land disturbing activities such as grading and filline shall be kept to a minimum and natural contours shall be followed in locating and designine all development features to protect the natural environmental uniqueness of the site. (fl Reeular independent water quality testine shall be conducted at specific monitorine sites to be identif,red in the Resort Plan to test for saltwater intrusion and toxic contamination in local wells that rely on the Black Point sole source aquifer. as well as testine in the lower reaches of the two adi oinine watersheds for toxic contamination and low oxygen levels. (g) All development and land disturbance shall protect/avoid all important culturallhistoric sites that are listed. or eligible to be listed. by State Historic Preservation Officer or by a local Tribe with jurisdiction. Pursuant to JCC 18.30.160" the County recognizes that the area of the MPR is within the ceded area of Tribes that were parities to the Point No Point Treatv. (h) The owner/developer or assisnees must provide for all on-site recycling of material. including paper. elass. cardboards. plastics. and composting of garden waste. food waste. All compost should be reused on site. The owner/developer or assienees must provide a written record that landscaping materials purchased and applied onsite" includine those applied as compost feedstocks. and pest controls are within the parameters and use restictions set forth by the National List of Allowed and Prohibited Substances as published and periodicallv updated bv USDA National Oreanic Proerarn. (i) The applicant shall identifr wildlife use areas within the site and provide for set-aside and protection of core wildlife habitat areas and connecting corridors. (j) In cooperation and consultation with local tribes. areas shall be set aside and maintained for the occasional harvesting of medicinal plants and other plants important to tribal culture. 5 (c) All development and landscapine within the PHMPR area must be located . constructed. and maintained in such a manner as to provide full protection to the aqgifer and an), on-site or neighboring wells that rely on that aquifer for potable water. (k) All development with the PHMPR must comply with the requirements for buffer rqtention, wildlife protection. of permanent protective easements for these resources. as well as the other specific requirements of Jefferson Countv Ordinance. 0l-0128-08. which was part of the Board of County Commissioners Council aporoval for establishment of the Pleasant Harbor Master Planned Resort. (1) Any development proposed in the PHMPR shall use the LEED (Leadership in Energy and Environmental Design) green building ratine system standards. (m) Any development proposed in the PHMPR shall use the International Dark Sky as access to laundry rooms or internal recreation rooms. TV rooms. etc. Nothing in this section shall prevent the operator ofany recreational resource from establishing a fee or charge for the public's use ofthe recreational resource. Chapter 17.70. Open Space Reserve MPR-OSR-) 17.70.010 Purpose. The purpose of the MPR-OSR zone is to provide for a natural vegetated buffer area between the resort activities and the waters of Hood Canal. The MPR-OSR zeneszone shall extendinclude a buffer extendins landward feetffiasmeasllred surveyed from the top of the shoreline bluffbank . including a 10 foot buildine setback. along southern boundar.y of the MPR in accordance with Ordinance No.01-0128-08. 17.70.020 Permitted uses. The followins USES e+e+em+i#edmav be allowed in the buffer and ooen sDace areas in the MPR-OSR zone after review and approval of appropriate critical area reports: (,1) Restoration of existins development intrusions (roads. campsites) to theittheir natural pre-development state: and (2) Passive recreation. including trails that deesdo not reduce the forest canopy. increase stormwater discharge. or bluff erosion. be installed if a minimum of disturbance to soils or veeetation. -6- andveand Association (IDA) Zone E-l standards for the MPR in order to limit night+ime lisht pollution which may affect neighboring residential areas as well as wildlife.@(St PuUtc eccess t All amenities and recreational resources of the development shall be onen to all members of the public. with the exception of those type of activities pertaining to guests and residents only such I Chapter 17.75. Marina - Maritime Villaee (MPR-MV) 17.75.010 Purpose. The MPR-MV zone provides mixed amenities and services associated with the marina and maritime villaee portion of the resort and surrounding community. and provides the central support to the marina operations. 17.75.020 Permitteduses The following uses oermitted in the MPR-MV: (1) Marina and overwater structures as approved through the Jefferson County Shoreline Master Prosrantand associated reeulations Chapter 18.25 JCC: (2) Residential uses includine sinele-family and multifamily structures. condominiums. time- share and fractionally owned accommodations of all kinds: (3) The Marina and Maritime Village related upland mixed use. commercial and service facilities. including_open parkine lots. restaurants and shops. as well as marine service facilities. marina office, yacht club and recreation fuctlilicgleryiqglhe resolirndllhe Marina; (4(4) All over-water buildings and docks shall be constructed so as not impede migrating fish and to minimize shadine.(5) Accessory uses and structures. such as earages. carports. storage buildings and similar structures supportins marina and maritime village uses. fuel service and parking: (56) Indoor and outdoor resort-related recreational facilities. including but not limited to tennis courts. swimming pools. marinas. hiking frails. bicycle paths. ropes courses. same center and other recreatienal uses consistent with the nature of master planned resort i;(6il Utilities supporting the resort: (.78) Infrastructure and buildings. both above and below qround. for the utilities:(89) Emereency services (fire. police. EMS): (910) Public facilities. and services serving the MPR-MV zone: (*01l) Medical services: and (1012) Other similar uses consistent with the purpose of the thiszone and MPR as determined b), the Deparfrnent of CommunitLDevelopment and consistent with 18.25 JCC. 17.75.030 Heieht restrietions. No buildinss within the MPR-MV zone shall be elqcted, enlarged or structurally modified to exceed 35 feet in height as measured by IBC standards. Undereround or imbedded | 17.75.040 Bulk and donoiiFrsetback requirements. zone. All new located within shoreline urisdiction shall with the County's Shoreline Master Proeram as codified a+€F.under JCC 18.2H€C25. Chanter 17.80. Pleasant Harbor Resort Development 17.80.010 Resort development. This section describes the "Resort Plan" for s to be located in the resort MPR. sets out a required environmental review process for any future resort development. and provides -7- parkinq shall not be included in any heisht calculations. the Resort Plan. These all resort and associated development within the Pleasant Harbor MPR. 17.80.020 Development cap. The Pleasant Harbor MPR in total shall a develooment cao of 890(intentionallv left blank to be determined by further consultation with the Port Gamble S'Klallam Tribe) residential units shall constitute not tha#65 percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of 70$0056.608 square feet of resort commercial. retail. restaurant and conference space. not including lebbiesandall internal open space. 17.80.030 Resort Plan and Development Aereement The Resort Plan, shall coustsl!f !o bindins site olan. includins monitorins and operational plans. and an approved Development Agreement for fufure development of oroperties in the Pleasant Harbor MPR established. The process for approval of such agreements is contained in thsDevelreBnaent @18.40.820JCC 17.80.040 Permit nrocess for resort development. (1) A project-level supplemental environrnental impact statement (SEIS) analyzing development underof the Resort Plan is required prior to issuance of buildine permits for any new resort development. (2) Notice of development application ferand environmental review ef{}e*ese**lanunder SEPA shall be provided to all persons or agencies entitled to notice pursuant to the land use procedures of JCC Title 18. (3) Actual building permit plans or construction drawings aremay not be required during the SBISSEPA review process-A+ehi$eetural. but submitted architectural drawinss must contain and demonstrate sufficient details. includine a detailed site plan.ffi drawines showing approximate elevations. sections. and floor plans are required. however. to ensure that the SEISSEPA review pfocess analvzes and considers proiect-leveldetails. (4) The department of community development may impose mitigatine conditions or issue a denial of some or all of the Resort Plan based on the environmental review and using authority provided pursuant to the State Environmental Policv Act. Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development. (5) Following completion of the SEIS. building permits may be issued. following appropriate plan review, for proi ects analyzed in the SEIS (6) Actual resort development may be undertaken in phases. but only following completion of review and approval of a full resort buildout plan through the SEIS process. A phasine schedule mav be proposed as part of the environmental review or may be developed at a later @ date. -8- l---__________________ 17.80.050 Environmental review for Resort Plan development. (1) All project level applications will be ei@resumed to meet the threshold for a SEPA Determination of Sisnificance except where the SEPA-responsible offrcial determines that the application results in only minor if+xistineimpacts. Existine environmental review documents mav be adopted under SEPA if those documents meet the SEPA and JCC requirements to adequately address environmental eenditiensimpacts and mitigation as set forth in RCW 43.21C.034.(2) The scope of an SEIS prepared under this section shall address environmental issues identified in the Programmatic FEIS issued November 2007. to$ether with such additional ralse. standards of approval. however. as set forth in the applicable development agreement and these development requlations. (3) The utility element of any subsequent phase en+irenmentalof SEPA review pertaining to the Pleasant Harbor MPR shall r€viewprovide information on all affected utility systems. includine sewer and water systems and the results of required monitoring. The effectiveness of such monitoring shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be considered if necessary to ensure that water quality and water suppl), are adequately protected and impacts to natural resources minimized. Requirements for water quality and quantity monitoring as well as for run-off impacts shall be specified in the Developer Aqreement and in l7-80.030. (4) Any preliminary scope for future development within the Pleasant Harbor MPR is.$ased enshall be consistent with the deseribedapproved Resort Plan. Other elements. issues. and specific levels of detail mav be included based on information available at the time the Resort Plan development application is submitted. Elements noted above mav be combincd in the BISSEPA analysis to reduce duplication and naxrow the focus on potentially significant adverse environmental impacts. 17.80.060 Revisions to Resort Plan.(1) Any proposed enlarqementrevision of size or scope to the Pleasant Harbor MPR boundary or zone chanses within the MPR shal I require a Comprehensive Plan amendment and related zoning action. Such chanLes are outside the scope ofthe revision processes described and in 070 0.0 0. Comprehensive Plan onlv if all requirements of the Growth Manaeement Act (Chapter 36.704 RCW) are tulfilled.(2) The County shall acceot buildins permits only for projects included in and consistent with the Resort Plan. A revision to the existins Resort Plan shall be submitted to the county for approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set s title. U of a revi all consistent with the revised Resort Plan and development requlations. (3) Proposed revisions to the Resort Plan shall be submitted to the M develeBmentDepartment of Community Development (DCD) and the DCD director will determine whether the proposal constitutes a major or minor revision. Upon making a determination. the proposed revision shall follow the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070. ectasa -9- B 17.80.070 Minor revisions.(1) Minor Revisions. esort PlanPlans may require minor changes to facilities and services in response to chansins conditions or marketdemand*ndjhat . Minor revisions are those that do not result in a substantial change to the intent or pumose of the Resort Plan in effect. A chanse that satisfies the -followine criteria shall be deemed a revision for purposes of this chapter: (a) Involve no more than a ten{l9)five percent (5oZ) increase in the overall sross square footage of the Resort Plan: (b) Will ne+have @no additional impacts on the facilities than that addressed (c) Do not alter the boundaries of the approved plan: (d) Do not propose new uses or uses that modift the recreational nature and intent of the resort. A ehange te th€ R€sert Pl (2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to. aud :qLlewed brrjhe Jefferson Countv deBa#mentDeoartment of eemsuni* deve+eBmen+Community Development @CD)to determine if the revisions are consistent with the-exis+ineall of the approved provisions of the Resort Plan Mhe 2015 FSEIS, the Jefferson County Compre proposals that satisfi, the above-referenced criteria shall be deemed a minor plan revision and may be administrativelv approved (as a Tvpe II decision under the land use procedures of JCC Title 18. Unified Develooment Code) by the director of the department of community development. Public notice of the application. the written decision" and appeal opportunities shall be provided to all persons or appncies as reqgired by the land use procedures of JCC Title 18. Unified Development Code. Those revisions that do not comply with the provisions contained within this section shall be deemed a maior revision. subiect to the provisions outlined in JCC 17.80.080. 17.80.80080 Maior revisions. Revisions to the Resort Plan that will result in a substantial change to the resort including: changes in use, incressc in the intensity of use. or in the size. scale. or dcosttv of development: or chanses which may have a{nffiadditional impacts on the environment bevond those reviewed in previous environmental documents. are considered to be maior revisions and will require aoplication for a revised Resort Plan (l) ({)-Application for a Major Revision to the Resort Plan. An application shall be + - prepared describine the proposed revision in relation to the approved Resort Plan and providing a tamework for review, analysis and mitieation of the revised development activitv proposed. The Resort Plan revision proposal shall include the following information: (a) A description of how the revised Resort Plan would further the soals and oolicies set forth in the Comprehensive Plan: (b) A description of how the Resort Plan revision complements the existine resort facilities of the MPRI Forma Level: Alignm -10- (c) A description of the design and functional features of the Resort Plan revision. setting out how the revision provides for unified development. integrated site design and ofnatural additional uses and/or intensity of uses within the resort, and a of how these chanses meet the needs nf reqidenfs of the Pleasant Harbor I\,{PR and natrons of the resort A checklist with descri and of the environmental impacts associated with the proposed revision. including an analysis of the cumulative impacts of both the proposed revision and the approved Resort Plan. and their effects on surrounding properties and/or public facilities: Ade of how the overall Pleasant Harbor MPR and any features. such as connections to trail systems. natural systems or ereenbelts. that have been established to retain and enhance the ohereelet nfthe resorf and the overall IVIPR (s) A description of the intended phasing of development projects: (.h) Maps. drawings. illustrations. or other materials necessarv to assist in understandine and visualizing the desisn and use of the completed proposed development. its facilities and services. and the protection of critical areas:(i) A calculation of estimated new demands on capital facilities and services and their relationship to the existtngtecart lnd MPR demands. includins but not limited to transportation. water" sewer and stormwater facilities: and a demonstration that sufficient facilities and services to support the development are available or will be available at the time development permits are applied for. (2) Major Revision Process. Major revisions shall be processed as a hearing examiner decision (Type III). with a required public hearing prior to the decision. Public notice of the application. the required public hearing. the written decision. and appeal opportunities shall be Bersens-or aeencies as required by the land use procedures of JCC ft+eChapter 18.40 Article III" Unified Develop boundaries of the MPR zone shall require a Comprehensive Plan amendment (g Type V county commissioners decision) prior to any decision on the Resort Plan amendment and review by the County Plannins Commission aud subsequent reqomlnqndation tothe Board of County Commissioners who approve all Comprehensive Plan amendments. Decision The examlner ama revision to the Resort P and the Board of County Commissioners may approve any associated Comprehensive Plan Amendments. only if all the following criteria are met: (a) The proposed revision would further the goals and policies set forth in the Comprehensive Plan: (b) No unmitigated probable sisnificant adverse environmental impacts would be created by the proposed revision: with all those established for critical areas: rd\On-site and off-site infrastructure nnlrrdina but nnf limited to water sewer storm water and transportation facilities) impacts have been fully considered and mitieated: -11- k (e) The proposed revision complements the existine resort facilities. meets the needs of residents and patrons. and provides for unified development. inteerated site desien. and protection of natural amenities. -12- ::::!.:i:::::::::-, w r Title 18 UNIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 18.15.025 Master planned resort. Per RCW 36J0A.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. A resort may include other residential uses, but only if the residential uses are integrated into and support the on-site recreational nature ofthe resort. (1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fif$tenly existing officially designated master planned resort in the county is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing masterplanned resort and is subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marina, resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort's internal regulations and planning restrictions such as codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However, Jefferson County does not enforce private codes, covenants and restrictions. (2L Pleasant Harbor ffiMPR. Pleasant Harbor N4arin+andGelf R€s€+tMPR is the second officially designated olanned resort in the Countv. The Pleasant Harbor MPR is desienated in accordance with RCW 36.704.360 as a new master planned resort and is subject to the provisions of JCC Title 17. The Pleasant Harbor MPRisMPR is characterized by +€slfrer#se-resort faei{ityand recreation facilities and amenities south of Black Pninf Poqrl and a rnqrinqlltlqritirne Villaoe and accnniofcr{ hnrrcino north of Black Point P norl full-time occupanc),. The resort is served by the Brinnon Rural Center. which accommodates LAMIRD-scale commercial uses serving the resort and local population. The master planned rgsort'sjntemal regulations and planninq restrictions such as codes. covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However. Jefferson County does not enforce private codes. covenants and restrictions. 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The enly-exis+ing officially designated master planned resorts in the county areisare is the Port Ludlow MPR_and the Pleasant Ha$o , provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.704.360 pertaining to new Master Planned Resorts. Designation of any new master planned resorts pursuant to RCW 36.704.360 requires compliance with the provisions of this article and a -13- formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. 18.15.120 Purpose and intent. Jefferson County has a wide range of natural features, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benefits to rural communities. The purpose of this article is to establish a master planned resort land use district to be applied to those properties the board of county commissioners determines are appropriate for development as a master planned resort consistent with the Comprehensive Plan policies and RCW 36.70A.360. 18.15.123 Allowable uses. The following uses may be allowed within a master planned resort classification authorized in compliance with RCW 36.70A.360: (1) All residential uses including single-family and multifamily structures, condominiums, time-share and fractionally owned accommodations; provided such uses are integrated into and support the on-site recreational nature of the master planned resort. (2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges, and other residential uses, that are made available for short-term rental; provided, that short-term visitor accommodations shall constitute no less than 65 percent of the total resort accommodation units. 3) Indoor and outdoor recreational facilities and uses, including, but not limited to4olf @tenniscourts,swimmingpools,marinas,hikingandnaturetrails,bicycle paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent with the on-site recreational nafure of the master planned resort. (4) Campgrounds and recreational vehicle @V) sites. (5) Visitor-oriented amenities, including, but not limited to: (a) Eating and drinking establishments; O) Meeting facilities; (c) On-site retail businesses and services which are designed to serve the needs ofthe users such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real estate/property management offices; and (d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales. (6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums. (7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master planned resort. (8) Temporary and/or permanent structures to serve as sales offices. (9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent of this section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360. -r4- 18.15.126 Requirements for master planned resorts. An applicant for an MPR project must meet the following requirements: (1) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a framework for project development and operation. This shall include: (a) A description of the setting and natural amenities that the MPR is being situated to use and enjoy, and the particular natural and recreational features that will attract people to the area and resort. (b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part of the resort's services, and commercial and supportive services provided. (c) A listing of the proposed allowable uses and mar<imum densities and intensities of use of the MPR and a discussion of how these uses and their distribution meet the needs ofthe resort and its users. (d) A land use map or maps that depict the completed MPR development, showing the full extent and ultimate development of the MPR or resort and its facilities and services, including residential and nonresidential development types and location. (e) A description, with supportive information and maps, of the design and functional features that provide for a unified development, superior site design and protection of natural amenities, and which further the goals and policies of the Comprehensive Plan. This shall address how landscaping, screening, and open space, recreational facilities, road and parking design, capital facilities, and other components are integrated into the project site. (0 A description of the environmentally sensitive areas of the project and the measures that will be employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline Management Act, a description and supportive materials or maps indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program. G) A description of how the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the development and adjacent to the development. (h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support of the development will be available, and that concurency requirements of the Comprehensive Plan will be met. (i) A description of the intended phasing of development of the project, if any. The initial application for an MPR shall provide sufficient detail for the phases such that the full intended scope and intensity of the development can be evaluated. This shall also discuss how the project will function at interim stages prior to completion of all phases of the project, and how the project may operate successfully and meet its environmental protection, concurency, and other commitments should development cease before all phases are completed. (2) Development Agreement. A master planned resort shall require approval of a development agreement as authorized by Article XI of Chapter 18.40 JCC (Development Agreements), and RCW 36-708.170 through36-708.210. Consistent with JCC 18.40.830(3) and RCW 36.708.170, the development agreements shall be prepared by the applicant and must set -l 5- forth the development standards applicable to the development of a specific master planned resort, which may include, but are not limited to: (a) Permitted uses, densities and intensities of uses, and building sizes; (b) Phasing of development, if requested by the applicant; (c) Procedures for review of site-specific development plans; (d) Provisions for required open space, public access to shorelines (if applicable), visitor-oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site retail/commercial services; (e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, and other development conditions; and (f) Other development standards including those identified in JCC 18.40.840 and RCW 36.708.170(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the subarea planning process authorized under Article VII of Chapter I 8.15 JCC (Subarea Plans) and JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The Comprehensive Plan amendment or subarea plan may be processed by the county concurrent with the review of the resort master plan and development agreement required for approval of a master planned resort. (4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned resort project may be designated by the county as a planned action pursuant to the provisions of RCW 43.21C.031 and WAC 197 -l 1 -l 64 and 197 -11 -1 68. (5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban growth areas in compliance with RCW 36.70A.110. 18.15.129 Application requirements and approval process. New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the board of county commissioners and the following:(1) A draft of the master plan shall be prepared to meet the requirements of JCC l 8. l s.1 26(l). (2) A request for authorization of a development agreement, pursuant to the requirements of JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements).(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meettherequirementof JCC 18.15.126(3) and 18.45.040. [Ord.8-06 $ l] 18.15.132 Decision-making authority.(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and 18.45.080, shall hear and make recommendations on master plans and site-specific applications for MPR land use designations on the Comprehensive Plan Land Use Map.(2) The board of county commissioners, pursuant to its authority specified under JCC 18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and -16- standards authorized for site-specific MPRs in a development agreement, and approve master plans. 18.15.135 Criteria for approval. An application to develop any parcel or parcels of land as an MPR may be approved, or approved with modifications, if it meets all of the criteria below. If no reasonable conditions or modifications can be imposed to ensure that the application meets these criteria, then the application shall be denied. (l) The master plan is consistent with the requirements of this article and Article VI-D of this chapter (Environmentally Sensitive Areas District (ESA)). (2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the requirements of the Shoreline Master Program, and complies with all other applicable sections of this code and all other codes and policies of the county. (3) If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, landscaping and all other conditions of the MPR sufficient to stand alone if no subsequent phases are developed. (4) The MPR will provide active recreational uses, adequate open space, and sufficient services such as transportation access, public safety, and social and health selices, to adequately meet the needs of the guests and residents of the MPR. (5) The MPR will contain within the development all necessary supportive and accessory on- site urban-level commercial and other services, and such services shall be oriented to serve the MPR. (6) Environmental considerations are employed in the design, placement and screening of facilities and amenities so that all uses within the MPR are harmonious with each other, and in order to incorporate and retain, as much as feasible, the preservation of natural features, historic sites, and public views. (7) All on-site and off-site infrastructure and service impacts have been fully considered and mitigated. (8) Improvements and activities are located and designed in such a manner as to avoid or minimize adverse effects of the MPR on surrounding lands and property. (9) The master plan establishes location-specific standards to retain and enhance the character of the resort. (10) The land proposed for a master planned resort is better suited and has more long-term importance for the MPR than for the commercial harvesting of timber or production of agricultural products, and the MPR will not adversely affect adjacent agricultural or forest resource land production. [Ord. 8-06 $ l] 18.15.138 Por*+{rdlo{v Master Planned Resort. The Petr*r*dlevr Master Planned Resort Code (JCC Title 17), as may be amended to be consistent with the provisions of this UDC, is hereby adopted by reference and made a part of this UDC. -17-